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  • Apple May Be Forced to Release iPad Sales Figures in Galaxy Tab Lawsuit



    Apple and Samsung's bitter legal battle continue on as an Australian Judge said today Apple needs to show evidence of the Galaxy Tab's U.K. and U.S. launch hurting iPad sales before she can order an injunction.

    "Unless Apple puts on evidence showing the impact in the U.S. or U.K., I can't draw any positive assumptions," Australian Federal Court Justice Annabelle Bennett said.

    Samsung is requesting for Apple to show the sales figures from both the U.K. and U.S. launch as they believe the numbers will show the Galaxy Tab's release had little effect on iPad sales.

    "People want an Android product, so they will buy an Android product," Samsung's Lawyer, Neil Murray, said. "This is not impacting sales of Apple."

    Bennet maintains she wont force Apple to release sales figures and went as far as to deny Samsung's request for them, but it is obvious for the injunction to be awarded Apple is going to have to present something.

    Perhaps most peculiar is Samsung's strategy. Samsung wants Apple to show the judge iPad sales figures to prove their Galaxy Tab release was so insignificant, in two major markets, that it had little to no impact on their largest and most direct competitor's sales. What does that say about Apple's competitors products? Is Samsung admitting their sales were so bad, and their product so impossibly insignificant that there is no way Apple should be awarded an injunction or win any of these patent suits?

    Apple's lawyers are arguing that the "remarkable similarity of the Samsung product" both "functionally and appearance" wise makes it obvious Samsung is taking sales away from Apple. It seems like a Catch-22 for Apple. Even if Samsung's product is infringing on Apple patents, the sales figures for the iPad have been so out of this world, providing them to the judge will cut Apple's argument off at the knees. Apple's products have become so successful and their competitors' products so not, they can't even argue in court that their competitors are hurting iPad sales.

    I guess this is a good problem to have if your Apple, and a embarrassing one to have if you're Samsung.

    Source: Bloomberg
    This article was originally published in forum thread: Apple May Be Forced to Release iPad Sales Figures in Galaxy Tab Lawsuit started by Phillip Swanson View original post
    Comments 9 Comments
    1. Mes's Avatar
      Mes -
      Interesting argument. If a competitors product expands the total market size, than no Apple sales are lost.
    1. tomto's Avatar
      tomto -
      Looks Like Apple Just Shot Themselves in the Foot Again.
    1. Paco's Avatar
      Paco -
      1st point for samsung yea! N mayb the only point they need
    1. boxxa's Avatar
      boxxa -
      The lawyer is right (*cringe*) and saying that people want an android product,they will buy the Samsung. Typically someone buying the Android tablet heard about the iPad and rather have the Android based one anyways.
    1. Themrdecan's Avatar
      Themrdecan -
      Apple took them all the way to Aussie just to be told by Samsung "What btch? Show us the numbers!" leaving Apple to just suck it up. All this legal back and forth garbage has to be a great way to launder fat corperate bank accounts.
    1. Shadowbreak's Avatar
      Shadowbreak -
      What is apple going to do if they lose this case?
    1. RICO_'s Avatar
      RICO_ -
      Quote Originally Posted by Phillip Swanson View Post
      Even if Samsung's product is infringing on Apple patents, the sales figures for the iPad have been so out of this world, providing them to the judge will cut Apple's argument off at the knees. Apple's products have become so successful and their competitors' products so not, they can't even argue in court that their competitors are hurting iPad sales.

      I guess this is a good problem to have if your Apple, and a embarrassing one to have if you're Samsung.
      Sounds like an embarrassing problem to have for Apple actually considering the fact that THEY filed the lawsuit and are looking more and more like fools the deeper they go. Just because Samsung sales aren't impacting iPad sales doesn't mean the Galaxy tab sales are in the toilet.

      So what do you do Apple? Show that your sales are diminished by Samsung and win the injunction, but still possibly lose the case.....or show that your sales are stronger than ever and lose the injunction and maybe the case.
    1. Breezer23's Avatar
      Breezer23 -
      Isn't the point of business to steal sales from your competitors? Secondly, they look nothing a like. If anything, Apple should be suing HP as the Touchpad is identical substituting a rectangular button for circular. Competition is a ***** Apple - deal with it.

      I own an original iPad (last Apple product I will ever purchase) and the new Galaxy Tab 10.1. They are not even remotely similar. Not in any way. I'm just so tired of Apple bullying around other companies. They put Microsoft of the '90s to shame.

      I hope Apple loses both this and the EU case and has to pay Samsung MILLIONS for lost sales/revenue.
    1. Matthew_Madlock's Avatar
      Matthew_Madlock -
      Your logic is misplaced I love both companies but can you answer me why in the world samsung took apples 30 pin dock connector? The galaxy tab 10.1 is even very similar in shape! Just because Apple rightfully enforces all of its patents doesn't mean you can on Apple's brilliant technology. Apple brought back the tablet market are you mad because Samson didn't?